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Madras High CourtCRL OP(MD)/1629/2011allowed

Shantha v. Parvathi

2016-11-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.1629 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Shantha ... Petitioner/Accused -vsParvathi

...Respondent/Complainant

Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to the private complaint in STC No.1871 of 2010 on the file of the Judicial Magistrate No.4, Tirunelveli and quash the same. For Petitioner :

Mr.Sulthan Basha For Respondent :

Mr.K.Sivabalan

O R D E R

This petition has been filed seeking to quash the private complaint in STC No.1871 of 2010 on the file of the Judicial Magistrate No.4, Tirunelveli, pursuant to the amicable settlement effected between the parties.

2. It is seen that a private complaint for the alleged offences under Sections 138 and 142 of Negotiable Instruments Act has been filed against the petitioner.

3. When the matter is taken up for hearing, the petitioner/accused and the respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

4. The learned counsel appearing on either side filed a joint memo of compromise dated 31.03.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the respondent has agreed to quash private complaint in STC No.1871 of 2010 on the file of the Judicial Magistrate No.4, Tirunelveli.

5.Considering the nature of allegations and in view of joint memo of compromise dated 31.03.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, private complaint in STC No.1871 of 2010 on https://hcservices.ecourts.gov.in/hcservices/

the file of the Judicial Magistrate No.4, Tirunelveli, in respect of the petitioner is hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 31.03.2016 shall form part of this order. Consequently,connected M.P.(MD)Nos. 1 and 2 of 2011 are closed.

Sd/- Assistant Registrar(AE) /True copy/ Encl:Xerox copy of compromise memo.

Sub Assistant Registrar .

To:

1.

The Judicial Magistrate No.4, Tirunelveli.

2.

The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1cc to M/s.Ajmal Associates, SR.No.68809 cm sm:SKS-RR:07/12/2016:2P/4C Crl.O.P.(MD) No.1629 of 2011 and M.P.(MD) Nos. 1 and 2 of 2011 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/